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If you’ve been charged with a drug offence, call us immediately. You must speak to a lawyer before talking to anyone else.
Drug charges are extremely serious in Western Australia, with some carrying the penalty of life imprisonment.
Call usEXTENSIVE EXPERIENCE
Porter Scudds Lawyers have extensive experience representing individuals accused of drug charges – from minor charges, such as carrying illegal drugs – to severe, such as drug trafficking. We can give you detailed, accurate legal advice on how Western Australian drug laws work and ensure you receive expert representation for the best outcome.
Penalties for drug charges in Australia are serious, with Western Australian penalties being some of the harshest in the world. Seek the right legal advice to avoid harsh sentencing.
TYPES OF PROHIBITED DRUGS
Methylamphetamine
(Aka ‘ice’)
Cannabis
including cannabis oil (Aka pot, dope, weed)
GHB
(Aka ‘fantasy’ ‘designer drugs’)
Cocaine
(Aka ‘coke’)
Dexamphetamine
a common drug prescribed for people with ADHD (Aka ‘uppers’, ‘dex’)
Ketamine
(Aka ‘Special K’)
MDMA
(Aka ‘ecstasy’)
Heroin
(Aka ‘smack’, ‘Harry’ ‘H’, ‘junk’)
LSD & Psilocybin
(Aka ‘acid’, ‘mushrooms’)
Drug offences in Western Australia
The law governing drug offences in Western Australia is mostly covered by the Misuse of Drugs Act WA 1981. There are various types of drug offences; common offences include:
With intent to sell or supply to another, has in his or her possession a prohibited drug: Section 6(1)(a).
Sells or supplies, or offers to sell or supply, a prohibited drug to another person: Section 6(1)(c).
Manufactures or prepares a prohibited drug: Section 6(1)(b).
With intent to sell or supply a prohibited plant, or any prohibited drug obtainable from a prohibited plant, to another person, has in his or her possession or cultivates the prohibited plant: Section 7(1)(a).
Has in his or her possession or uses a prohibited drug: Section 6 (2).
Possession of drug paraphernalia: (Section 7B). Includes tools commonly referred to as ‘pipes’ and ‘bongs’.
Do I need a lawyer?
The law pertaining to drug charges is complex and may include what is known as the ‘presumption’. This means that if you have over a certain quantity of drugs, you are ‘presumed to have had the drug with intent to sell or supply it’. If you say you did not intend to sell or supply it, in trial, you must rebut that presumption on the ‘balance of probabilities’ in trial.
If you do not have a lawyer, you may not be aware of all the factors that the court takes into account when considering whether you had an intent to supply the drugs. Without the knowledge of a good lawyer, you could receive much harsher sentencing.
Examples of amounts giving rise to the presumption include:
Methyamphetamine
2 grams
Dexamphetamine
2 grams
Cocaine
2 grams
Heroin
2 grams
MDMA (Ecstasy)
2 grams
GHB
2 grams
Cannabis
100 grams
Cannabis Plants
10 plants
How serious are drug charges?
Western Australia holds some of the harshest drug penalties in the world. The below table indicates quantity thresholds resulting in terms of imprisonment.
|
Penalty |
Quantity |
Case |
|
2 years and 3 months imprisonment |
5.69 grams of Methylamphetamine (Possession with intent to sell or supply.) |
Donaldson v The State of Western Australia [2018] WASCA 143 |
|
1 year and 8 months imprisonment |
5.15 grams of Methylamphetamine (Possession with intent to sell or supply.) |
Jones v The State of Western Australia [2018] WASCA 105 |
If you’ve been convicted of any drug charge, the negative repercussions will be more than ‘just’ a criminal record. Employment prospects may become more difficult. Renting a house may be a challenge. You may lose your freedom to travel the world. Many countries, such as the US, will not allow entry for individuals with drug convictions.
Which court deals with drug charges?
Drug offences are dealt with in the Magistrates Court, District Court, and for the most serious drug offences, the Supreme Court. We regularly represent accused persons in all courts.
The court you will appear in is generally decided by the weight of the drugs. Where you possess over a certain quantity of drugs, your offence will be dealt with in the District Court. They include:
|
Drugs |
Weight |
|
Methylamphetamine |
4 grams |
|
Cocaine |
4 grams |
|
MDMA (Ecstasy) |
4 grams |
|
Cannabis |
500 grams |
|
Cannabis Plants |
20 plants |
|
Dexamphetamine |
6 grams |
|
Heroin |
All quantities |
|
GHB |
4 grams |
Commonwealth Federal offences
Porter Scudds has extensive experience in defending individuals in Commonwealth drug charges, including representing accused individuals on major drug import trials, such as the importation of 32 kilograms of methylamphetamine.
Drug trafficking
IMPORTANT: The State of Western Australia can permanently confiscate all assets, including houses, vehicles and moneys of declared drug traffickers.
If you are accused of possessing over a certain quantity of drugs or cultivating a certain quantity of plants and are convicted, you can be declared a drug trafficker, and the State of Western Australia can confiscate your assets. If confiscation occurs, your assets will not be returned. These assets regularly include your house, vehicle and moneys contained in your bank accounts. It does not matter that you inherited them or lawfully brought them.
Schedule VII and Schedule VIII of the Misuse of Drugs Act identify the amounts of prohibited drugs and prohibited plants. This means a person will be declared a drug trafficker if they possess the below amounts:
|
Methylamphetamine (Aka meth) |
Equal to or above 28 grams |
|
Cocaine (Aka coke) |
Equal to or above 28 grams |
|
MDMA (Aka Ecstasy), MDA or MDPV |
Equal to or above 28 grams |
|
Cannabis (Aka pot, weed) |
3 kilograms |
|
Cannabis plants |
20 plants |
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